Terms of Service
Effective
These Terms of Service ("Terms") are an agreement between Boatload LLC, a Michigan limited liability company ("Boatload," "we," "us"), and the business that creates a Boatload account ("Customer," "you"). They govern your use of the Boatload web and mobile applications and related services (the "Service"). Boatload is powered by CloudWalk Solutions.
By creating an account or using the Service, you agree to these Terms on behalf of your business. If you accept on behalf of a business, you confirm you have authority to bind it. If you do not agree, do not use the Service.
1. Who these Terms cover
- Customer: the marina, boat transport, storage, or service business that holds the account.
- Authorized Users: your owners, employees, drivers, technicians, and contractors you invite to use the Service. You are responsible for their use of the Service and their compliance with these Terms.
- Clients: your own customers, such as boat owners, whose information you manage in the Service. Clients are not parties to these Terms. Your relationship with your Clients is governed by your own agreements with them.
2. Accounts
You must provide accurate information and keep it current. Keep login credentials and codes confidential, and tell us promptly at support@boatload.us if you believe your account has been accessed without permission. You are responsible for all activity under your account. The Service is for business use and is not intended for anyone under 18.
3. Pricing, free trial, and payment
- Pricing: the Service is priced per job according to your plan (for example Basic, Pro, or Max) as shown in the app. We may change prices with at least 30 days' notice; changes apply to purchases made after the notice period.
- Free trial: new accounts may receive a number of free jobs (currently 25). Trial features are provided as-is. When the free jobs are used up, the trial ends and you must purchase jobs to keep creating them.
- Prepaid jobs and auto-reload: you buy jobs in advance. If you turn on auto-reload, you authorize us to charge your saved payment method whenever your balance falls below the threshold you set, until you turn it off in the app.
- Payment processing: payments are processed by Stripe. We do not store your full card number. You authorize us and Stripe to charge the payment method you provide for all purchases and applicable taxes.
- Refunds: purchases are non-refundable except where required by law.
- Failed payments: if a charge fails, we may suspend features that require payment until it is resolved.
4. Acceptable use
You and your Authorized Users will not:
- use the Service in violation of any law, or to send spam or unlawful messages;
- upload content you do not have the right to use, or that is unlawful, harmful, or infringing;
- attempt to access other customers' data, probe or break our security, or interfere with the Service;
- copy, resell, reverse engineer, or scrape the Service, or use it to build a competing product;
- exceed reasonable usage limits we communicate to you.
5. Your data
- Ownership: you own the data you and your Authorized Users put into the Service, including information about your Clients, boats, jobs, photos, and notes ("Customer Data").
- Our license: you grant us a limited license to host, process, and display Customer Data only to provide, secure, support, and improve the Service, and as required by law.
- Your responsibilities: you are responsible for the accuracy of Customer Data and for having the rights, notices, and consents needed to put it in the Service, including data you import by spreadsheet.
- Aggregated data: we may use de-identified and aggregated data that does not identify you or any individual to operate and improve the Service.
- Privacy: our Privacy Policy explains how we handle personal information. For information about your Clients, we act as your service provider and process it on your behalf.
- Export: you may request an export of your Customer Data at any time, and for 30 days after your account ends.
6. Boatload is software only
Boatload provides scheduling, record-keeping, and communication software. Boatload does not transport, tow, launch, haul, store, winterize, repair, or maintain any vessel, trailer, or other property, and never takes possession, custody, or control of it. Boatload is not a motor carrier, broker, freight forwarder, bailee, warehouse, or marina operator, and is not a party to any agreement between you and your Clients.
You are solely responsible for:
- the services you provide to your Clients, including pricing, quotes, scheduling, delays, and any loss of or damage to vessels, trailers, or other property;
- any operating authority, licenses, and permits your business needs (for example USDOT/FMCSA authority, commercial driver's licenses, and oversize-load permits);
- insurance appropriate to your business; and
- your agreements, waivers, and communications with your Clients.
Routes, travel times, maps, addresses, lake and ramp information, and similar data in the Service are estimates to help you plan. They may be incomplete or wrong. Drivers must follow the law, use their own judgment, and must not interact with the app while driving.
7. AI features
Some features use artificial intelligence, for example to clean up imported spreadsheets, identify boats, review job results, or help you set up your account.
- AI output can be inaccurate or incomplete. Review it before relying on it.
- Actions you or your Authorized Users take or approve using AI features are your actions.
- AI features may send the relevant Customer Data to the AI and search providers listed in our Privacy Policy, only to produce the requested result.
- We do not use Customer Data to train AI models, and we do not permit our AI providers to use it for that purpose where their terms give us that choice.
- AI output is not legal, safety, insurance, or professional advice.
8. Messages we send
The Service sends account and operational messages, such as sign-in codes, account notices, job notifications, and emails to your Clients about their jobs.
- Text messages are sent only to Authorized Users, for sign-in and account purposes. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help, or contact support@boatload.us. Opting out of sign-in texts may require you to sign in another way. Carriers are not liable for delayed or undelivered messages.
- Emails to your Clients are sent on your behalf. You are responsible for having a lawful basis to contact your Clients and for the accuracy of the contact details you provide.
9. Third-party services
The Service relies on third-party services such as Google Maps, Stripe, and email and text-message providers. Their availability and accuracy are outside our control. The Service uses Google Maps; by using it you also agree to the Google Maps/Google Earth Additional Terms of Service and acknowledge the Google Privacy Policy.
10. Our intellectual property
We and our licensors own the Service, including its software, design, and content, other than Customer Data. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes while your account is active. If you send us feedback or suggestions, we may use them without obligation to you.
11. Confidentiality
Each party will protect the other's non-public business information it receives through the Service with reasonable care and use it only for purposes of these Terms. This does not apply to information that is public, already known, independently developed, or rightfully received from someone else, or where disclosure is required by law.
12. Disclaimers
Except as expressly stated in these Terms, the Service is provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise the Service will be uninterrupted or error-free, or that data will never be lost; keep your own records of important information.
13. Limitation of liability
To the fullest extent allowed by law:
- neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data;
- Boatload is not liable for loss of, or damage to, any vessel, trailer, vehicle, or other property, or for personal injury, arising from your or your Clients' operations; and
- each party's total liability arising out of these Terms or the Service is limited to the greater of the amounts you paid Boatload in the 12 months before the claim or US $100.
These limits do not apply to your payment obligations, your indemnity obligations, or your breach of Section 4.
14. Indemnity
You will defend and indemnify Boatload against third-party claims arising from your business operations, your services to Clients (including any loss of or damage to property), your Customer Data, the messages sent at your direction, or your violation of these Terms or the law.
15. Suspension, termination, and your data
- You may stop using the Service and close your account at any time by contacting support@boatload.us.
- We may suspend or terminate your access if you materially breach these Terms and do not fix the breach within 30 days of notice, immediately if needed to protect the Service, other customers, or the public, or if required by law.
- After your account ends, you may request an export of your Customer Data for 30 days. After that we will delete or de-identify it, except copies held in routine backups until they expire or that we must keep by law.
- Sections that by their nature should survive (including 5, 6, 12, 13, 14, and 17) survive termination.
16. Changes to these Terms
We may update these Terms. If a change is material, we will give notice by email or in the app at least 30 days before it takes effect. Continued use of the Service after the effective date means you accept the updated Terms.
17. Governing law and disputes
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Michigan, and each party consents to their jurisdiction. Each party waives its right to a jury trial and to bring or join a class or representative action.
18. General
These Terms, together with the Privacy Policy and any plan details shown in the app, are the entire agreement between us about the Service. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control, including internet, cloud, carrier, or text-message network outages. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Notices to you may be sent to the email address on your account; notices to us go to support@boatload.us.
Contact
Boatload LLC ยท support@boatload.us